Bishop charged to court for refusing to permit same-sex marriages

A bishop in the US Episcopal Church was
on trial this week after banning gay
marriage ceremonies in his diocese.
The Bishop of Albany, William Love,
defended his actions at a hearing on Friday
held over Zoom because of Covid-19 social
distancing restrictions.
The bishop was on trial under the Church’s
Title IV disciplinary process, which deals
with alleged violations of vows or Church
constitutions and canons.
Restrictions were placed on his ministry
by Presiding Bishop Michael Curry – who
wed Prince Harry and Meghan Markle –
after Bishop Love introduced a policy in
December 2018 banning gay marriage
ceremonies in his diocese.
His actions followed the passing of
Resolution B012 by the Church’s General
Convention permitting same-sex wedding
ceremonies in all dioceses, including those
under an objecting bishop.
The Church argues that Bishop Love’s
policy amounts to breaking his ordination
vows to “conform to the doctrine,
discipline, and worship of The Episcopal
Church”.
At Friday’s hearing, the Church’s lawyer
Paul Cooney asserted that Bishop Love had
not only violated Resolution B012, but also
refused to accept the offer of the provision
of liberal bishops to provide pastoral
oversight for gay marrying couples and
their celebrants.
“Conflicting portions of the Albany
marriage canons are unenforceable,” he
said.
“Diocesan constitutions and canons may
not be inconsistent with those of the
constitutional canons of General
Convention.”
He continued: “By denying same-sex
couples access to the authorised marriage
rites, [Bishop Love] has failed to conform to
the worship of the Church.
“The Church’s sacramental rites are
theologically sacred and a pastorally
critical element of its worship, and by
prohibiting same-sex couples access to the
sacramental rite of marriage, [Bishop Love]
fails to conform to this holy and important
element of worship of the Episcopal
Church.”
Bishop Love was represented in the
hearing by the Rev Chip Strickland,
Chancellor of the Diocese of Albany, who
said the bishop had not committed a
canonical violation because B012 did not
hold canonical status.
“Our position, obviously, is that the Church
has failed to prove any offence by Bishop
Love,” he said.
“We in the Diocese of Albany understand
where the Church is headed. There is an
overwhelming consensus in the Church
today in favour of same-sex marriage, we
know that.
“However, as of today and in 2018, the
doctrine of the Church as found in the
marriage rites, the prefaces in the marriage
rites and the catechism defines marriage
as between a man and a woman.
“The discipline of the Church, which under
Title IV, is found among other places in the
rubrics, show us that according to those
rubrics in the marriage rite, that marriage is
between a man and a woman.
“The worship of the Church, found in the
same places I’ve just mentioned, in the
Book of Common Prayer, which is
obviously the worship of the Church, show
that marriage is between a man and a
woman.
“It’s ironic that Bishop Love is on trial
today for failing to conform when in fact,
the facts in law will show that he’s fully
conformed with the doctrine, discipline and
worship of the Church.”
Bishop Love only spoke briefly during the
hearing, including once when asked about
his pastoral care for same-sex couples
who experienced pain because they were
not able to marry in his diocese.
“I’ve tried to be pastorally sensitive to that,”
he said.
“I have consistently met with same-sex
couples and spoken to them personally … I
do know how difficult this is for all of us
and my heart is breaking for all of us. It’s
breaking for the Church.”
The Bishop of Rhode Island, Nicholas
Knisely, who presided over the hearing,
said a written decision on Bishop Love’s
actions would be issued in the coming
weeks.
The hearing was strongly criticised by
GAFCON, a global conservative fellowship
within the Anglican Communion, which
said: “So we have the tragic and
paradoxical prosecution of a faithful bishop
using church laws that were designed to
protect the integrity of the Christian faith
now being deployed to enforce practices
that are contrary to Scripture.
“TEC has become an institution which
systematically distorts the truth of the
gospel and yet enjoys the endorsement of
the Archbishop of Canterbury with even
those of its bishops in same sex unions
being invited to Lambeth.”